Part 107

It had been said, exclaimed he, that there are secret articles in the treaty. Good God! at this early period are there to be secret articles existing between the United States and any other nation under heaven! Treaties by the constitution are to be considered the supreme law of the land; but will Congress permit the laws of the United States, like those of Caligula, to be placed where they cannot be read, and then punish the people for not obeying them? The people will never submit to be bound by secret articles.

Mr. J. replied, that it was his intention, at a future day, to introduce a motion, that the President be requested to lay before this House the treaty with the Creek Indians--not excepting the secret articles. He then expatiated on the sufferings of the people of Georgia, and asked, what must be their feelings when they reflect on the preparations made to chastise the Wabash banditti, while the exertions of Congress have not been called forth to their relief. The President sent three Commissioners to Georgia (not one of whom was a citizen of that State). They investigated the truth of her representations, and made a report favorable to her claims, that the lands in dispute were fairly purchased, and as fully obtained as the Confederation, or the nature of the case would admit; but what has been the result? The treaty, so far from recognizing the rights of Georgia, has sacrificed them--the report of the Commissioners does not appear to have been attended to. On the other hand, a savage of the Creeks has been invited and brought to the seat of Government, and there loaded with favors, and caressed in the most extraordinary manner.

He said, he would not at present engross any more of the time of the House, only to give notice that, at a future opportunity, he should move that the President of the United States be requested to lay before the House for their consideration, the treaty with the Creek Indians--not excepting the secret articles.

The paragraph respecting encouraging our own navigation being read,

Mr. SMITH (of South Carolina) observed, that he did not rise to propose any alterations in the style of the Address; the language was such as might be expected from the acknowledged abilities of the gentleman who drafted it. The paragraph just read, he conceived, pledged the House to take measures in respect to our own navigation, which may, in the issue, prove injurious to the agricultural interests of the United States. At this early period of the session, it appeared extremely improper for the House to commit itself, especially as few, if any of the States, are fully represented on the floor. He was afraid that the mode of expression adopted in the Address would conduce to the exclusion of foreign bottoms altogether. If the opinion of the committee should be adopted by the House, he conceived it would be anticipating a decision to the precluding future discussions of the subject. He foresaw that this paragraph would be called up at some future period, and brought as an argument against any different propositions that might be offered--and thus the question be determined without any debate. He thought the Address went into too minute a consideration of the several parts of the Speech, and could have wished that more general terms had been used. As a substitute for the paragraph under consideration, he moved the following amendment in substance:

"We shall consider with attention the best means of guarding against the embarrassments you mention, and will take such measures as may remove every obstruction to the prosperity of the commerce and agriculture of the United States."

Mr. WILLIAMSON observed, that he saw no material difference between the paragraph in the report and the amendment proposed. The mode of expression adopted by the committee is in so general terms, that he hoped it would have met the full approbation of every member of the committee. The President proposes that the commerce of the United States should be relieved from all injurious restrictions; nothing can be more just and reasonable: and this is perfectly compatible with supporting the agricultural interests of the country; the promotion of the former involves that of the latter. He touched on the impositions of Great Britain on our commerce, and observed, that reason and justice point out the propriety of seeking redress. He, however, saw no opposition in the two propositions; but as the obvious design in bringing forward the substitute is to preclude such an inquiry as the exigency of the case seems to require, he hoped it would not be adopted.

Mr. JACKSON observed that he had seconded the motion of the gentleman from South Carolina, because he thought there was an obvious difference in the two modes of expression. He then entered into a discussion of the subject generally; and enlarged on the injurious consequences which would result to the Southern States particularly by enhancing the duties on foreign bottoms. He said, that the tonnage was at present so high as to prevent foreigners from becoming our carriers; several instances of this had been mentioned to him from good authority; and while the American shipping was incompetent to the object, and he called on gentlemen to show that it was, the exclusion of foreign ships from our ports must be ruinous to South Carolina and Georgia; therefore, he hoped the amendment would take place.

Mr. SHERMAN said, that the words in the report appeared to him less exceptionable than those in the proposed amendment, even on the principle supported by the gentleman in favor of the amendment. In the report it was only said, we should consider what means, &c., but the amendment declared we should take effectual measures. The words in the report only binding us to consider--those in the amendment obliging us to act. He thought the answer should be general, and was therefore against the amendment.

Mr. SMITH (of South Carolina) observed, that the member last up had confined his observation to the first words in the paragraph objected to. If he will take the trouble of reading a little further, he will see, that as the report stands, we give it as our opinion, that foreign bottoms ought to be excluded, which would be severely felt by the States of South Carolina and Georgia. We cannot wholly depend upon our own vessels for the exportation of our produce; they are not sufficiently numerous, nor will they be for many years; therefore, let us not at this time, in a hasty manner, declare, that all articles exported shall be carried in our own bottoms. To settle this important question, Mr. S. thought that some time should be given to reflect, and a day fixed for discussion; in the mean time, he thought it improper at this stage of the session, that the opinion of the House should be given.

Mr. WILLIAMSON remarked, that the report did not say that we should have no dependence on foreign bottoms; but that we should not depend altogether upon them for the exportation of our produce. He had no idea of excluding foreign bottoms. He was for making provision in case that resource should fail.

Mr. JACKSON.--To show the importance of foreign shipping to the Southern States, and the inadequacy of our own to transport their produce, notwithstanding the low duty on American shipping, Mr. J. read a statement of the tonnage duties paid by each, in the State of Georgia, for the same period; the foreign tonnage amounted to eight thousand two hundred and twenty-seven dollars, the American to six hundred and twenty-nine dollars only. This being the fact, he inquired, what could be done with the Southern produce, in case of the exclusion of foreign bottoms? It must rot in the planter's hands. With respect to the amendment's being as positive as the clause in the report, as had been asserted, if this is the case he could see no objection to its being adopted.

Mr. TUCKER said, he thought it improper that in an Address on this occasion, the committee should go into a particular detail on every subject; much less commit their judgment without a previous discussion. The President may have maturely considered the subject during the recess, but the committee cannot be supposed to be prepared for a decision. The thinness of the House was a further objection, in his opinion, to entering into a discussion of the question. He was not pleased with the paragraph in the report, as it seemed to imply that nothing had been done for the encouragement of our own navigation, the reverse of which was fact. The posture of affairs in Europe suggested no stronger reasons for giving further encouragement to our own navigation than what was presented last session; the expediency of the measure is not therefore apparent from any change of circumstances. Though he was dissatisfied with the report, the amendment proposed fell short of his wishes. It did not recognize what had been done for the encouragement of American shipping. He would, therefore, propose a substitute by leave of his colleague; which he did to the following purport: "The encouragement of our own navigation has at all times appeared to us highly important, and has employed a large share of our deliberations; we shall continue to pay due attention to the subject, and consider by what means our commerce and agriculture may be best promoted."

Mr. SMITH withdrew his motion to admit Mr. TUCKER's.

Mr. SENEY said, he could not conceive what ground of apprehension there was in the Address, to lead gentlemen to suppose that the opinion of the House would be committed by its adoption. He thought it couched in the most general and unexceptionable terms. The amendment proposed he did not think essentially variant from the paragraph under consideration; but as the original was well expressed, he saw no reason for expunging the clause; it contained an assertion, the truth of which he supposed would not be controverted. As to the objection against going into a detail of particulars, it was fully justified by precedent in the last Address; the gentleman from South Carolina, he will recollect, was on the committee who framed it; that Address more pointedly committed the House than the present.

Mr. MADISON thought proper to take some notice of the objections that had been made to the report. There were two modes of proceeding, which might be adopted in drawing up the answer. The first method was generally to declare, that the House would take into their serious consideration the business recommended to their attention by the President. And this, he observed, would be saying nothing, for, as by the constitution it was the President's duty to communicate what matters he judged of importance, so it was undoubtedly that of the House to pay attention to the objects recommended. The second method was, to enter into a detail of the different points mentioned in the President's Address, and in such cases where there was no doubt as to the propriety of measures being taken, assure him, in the answer, that measures would be adopted; and if any thing doubtful occurred, merely promise that the subject would be attended to. This rule the committee had followed in drawing up their report, and as in the business mentioned in the paragraph now before the House, they did not hesitate to believe some measures necessary, they could see no impropriety in assuring him that the best would be adopted. He added, that as it is clear that a war in Europe would, by depriving us of foreign bottoms to export our produce, injure this country; and as wars were doubtful, it was of the utmost importance that the American navy be put on so respectable a footing as not to need foreign aid for the exportation of her produce. He further observed, that the answer returned last session was more full, and went even to give the President assurances that the House would concur in certain points proposed for their consideration in his address. He concluded by remarking, that the amendment proposed was binding on the House quite as much as the paragraph in the report.

Mr. SMITH (of South Carolina) said, it was true those who reported the Address the last session, adverted to particulars; but were cautious in their mode of expression, and adopted ambiguous language to avoid giving an opinion. This would appear by recurring to that Address. The charge of inconsistency on his part was therefore not well founded. Mr. S. read some paragraphs of that Address, and observed that the House was not pledged by the expressions then read; but in the present Address there is an opinion given. It says that we ought not to depend on foreign bottoms, because in case of war we may be deprived of that resource. These declarations originated the objections, and gave rise to the amendment. He proposed, therefore, as gentlemen appear to have no objection to either mode of expression, that they would accommodate for the sake of harmony and unanimity.

The question on the amendment was lost by a considerable majority.

The remainder of the Address was read, and agreed to by the committee. The committee then rose and reported, and the House adopted it unanimously.

A committee was then appointed to wait on the President of the United States, to know at what time and place it would be convenient for him to receive the Address.

The committee having waited on the President, Mr. MADISON reported, that the President was pleased to return for answer, that, at two o'clock on Monday next, he would receive the Address at his own house.

Messrs. WILLIAMSON and SHERMAN were added to the committee on the bill to amend the act for promoting the progress of the useful arts.

Mr. MATHEWS was appointed on the committee on the militia bill, vice Mr. JACKSON, who begged leave to decline serving, as his colleague had been heretofore on that business, and must consequently be better acquainted with the subject than he was.

MONDAY, December 13.

GEORGE LEONARD from Massachusetts; JOHN VINING, from Delaware; JOSIAH PARKER, from Virginia; JOHN BAPTIST ASHE, from North Carolina; and EDANUS BURKE, from South Carolina, appeared and took their seats.

Eulogium on Dr. Franklin.

Mr. SMITH (of South Carolina) introduced the following motion, which was read, and laid on the table:

The House being highly sensible of the polite attention of the Commonalty of Paris, in directing a eulogium to the illustrious memory of Dr. Benjamin Franklin, pronounced before them, to be transmitted to the President and Congress of the United States,